The San Francisco’s Board of Supervisors is ready to “ban the box,” the widely used criminal history check box on employment applications. This would make San Francisco the ninth jurisdiction to enact the legislation. In addition, the new San…
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Is FCRA’s Prohibition on CRAs from Disclosing Truthful Public Information Constitutional?
The Southern District of California has granted the United States’ motion to intervene in Dowell v. General Information Services, Inc. (GIS), to defend the constitutionality of 15 U.S.C. § 1681c, a provision of the FCRA. GIS contends that subsections (a)(2) and…
Health Care Worker Drug Testing Bill Advances in New Hampshire
The first law in the nation to require the widespread drug testing of health care employees may be on its way to passage, as the New Hampshire House of Representatives has passed by a vote of 289-48, without debate, “an Act relative to the drug-free workplaces…
Ex-NSA Chief Details Snowden’s Hiring at Agency, Booz Allen
Edward Snowden, the former NSA contractor who leaked information about the agency’s surveillance program, targeted Booz Allen Hamilton Inc. for employment because of its access to national security contracts, said company vice chairman, Mike McConnell. McConnell…
Credit Checks Are Kicking the Jobless When They’re Down
Credit checks have become a routine part of the hiring process. Nearly half of all companies run them on potential employees, according to SHRM. One in four Americans say they have been told that they missed out on a job because of their credit history. And yet, as…
Facebook Isn’t Actually a Good Way to Judge Potential Employees, Say Researchers
A new study from researchers at Florida State University, Old Dominion University, Clemson University, and Accenture, suggests Facebook is bunk as a job performance predictor. The study involved the recruitment of 416 college students who were applying for full-time…
Calculating the Dollar Costs of a Bad or Weakperforming Employee
Almost every manager, when asked, readily agrees that weak employees underperform average employees by a significant amount. From a talent management perspective, if the “performance differential” between the average employee and the worst employee is 33%…
FTC Reaches Settlement With Accretive Health on Inadequate Data Security
On December 31, 2013, the Federal Trade Commission announced that Accretive Health, Inc. (“Accretive”) has agreed to settle charges that the company’s inadequate data security measures unfairly exposed sensitive consumer information to the risk of…
Workplace Privacy 2014: What’s New and What Employers May Expect
New laws that went into effect on January 1, 2014, are a harbinger of what employers may expect to see in the coming year regarding workplace privacy: more restrictions on access to applicants’ and employees’ criminal history, credit information, and…
What are the Form I-9 Penalty Trends from 2013 OCAHO Decisions?
The first thing that stands out about 2013 decisions from OCAHO is that there was a major uptick in the number of substantive decisions – 30, up from 11 in 2012. There were also eight decisions which involved Office of Special Counsel issues. Of the 30…






